LAWS(KER)-2024-9-53

ABDUL SHUKOOR Vs. ZARIN

Decided On September 02, 2024
Abdul Shukoor Appellant
V/S
Zarin Respondents

JUDGEMENT

(1.) What we propose to say in this judgment is virtually a sequel to the declarations of law by another learned Division Bench of this Court in Asbi.K.N. v. Hashim M.U. [2022 (6) KHC 159]. This is because, even though, in Asbi K.N. (supra), this Court has held that the enquiry to be conducted by a Family Court - as to if the pronouncement of talaq/khula/ talaq-e-tafweez was made validly - shall be the nature of an uncontested matter, and being summary in nature, it is argued by the petitioner herein that, even in such a course, he is entitled to file a written statement, as also to maintain a counter claim against such motion.

(2.) We are, however, of the view that the afore contention is untenable, and we will record our reasons presently.

(3.) The respondent filed O.P.No.1527/2023 before the learned Family Court, Irinjalakkuda, for a declaration that the 'khula' she pronounced against the petitioner be declared valid.